Legal Question in Landlord & Tenant Law in Texas

I just moved from one apartment dwelling to another in the same complex (it is a larger apartment)... We have been a resident for over a year with no complaints made on us... however the apartment we moved into has caused alot of stress. the people below us are loud every night... till 11...12 and even 1 and 2 in the morning. we tried being polite and asking them to keep it down because we have 2 children and have to be at work at 4am..however its turned into yelling and cussing arguments and them calling us names. we have made numerous complaints and even found out that 4 other families have mvoed out of this apartment unit because of the people below us being so loud and rude all the time. the apartment manager has made comments about taking further action on them because of all the complaints however nothing has been done and it keeps on and on. i call the police and they tell me to take it up with the apt manager there is nothing they can do... can i get out of my lease bc of this? what can i do? do i need a lawyer? should i contact the apartment managers boss and make complaints?

one night us asking them to keep it down turned into them calling me a fat ugly white bitch, does this constitute as racial/slander anything? what are my rights...the police officer said there was nothing i could do.


Asked on 3/20/10, 9:45 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Move out of the apartment complex as soon as possible.

The apartment owner has breached his contract with you. You're paying rent so that you'll have a peaceful place to live; he's allowing it to become a hellhole. What he SHOULD do is evict the trash people who make all the noise, but he doesn't want to lose the $650 per month that they pay in rent.

After you've moved out, you might think about suing the apartment owner for breach of contract. You paid all your rent, but you didn't get what you paid for. It would be an interesting lawsuit. You'll want to file it yourself; a lawyer will want $250 per hour.

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Answered on 3/26/10, 6:06 pm


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